Law On Homosexuality Essay

497 WordsApr 30, 20122 Pages
‘The legislature should not only keep some of the provisions on nullity, but also vastly rationalise and reform this area of the law.’ Discuss Nullity relates to the annulment of a marriage, which in effect means that there was a flaw in the establishment of the marriage and therefore never existed. However, on the other hand it can be stated that a marriage is voidable and this means that the marriage will exist until the courts perform a decree of annulling. The difference between the two is fundamental: If the marriage is declared as void then this means that no valid marriage ever existed. It the marriage is seen as voidable, the definition is that it is valid and lawful until it is terminated by a decree of nullity. There are many provisions on nullity and the effects they have on those seeking an annulment. A decree of nullity ultimately means that the marriage of the partners never existed and it has always been void. As stated in the Matrimonial Causes Act 1973, the law on Nullity affirms the provisions of a marriage not being valid. These provisions stated are employed to make a marriage lawful, if any one of them are broken, this will ultimately make the marriage being entered into unlawful and therefore void. However when further looking at the Matrimonial causes act, there are separate provisions for a voidable marriage, where the majority are relating to consummation. When looking into the idea of reforming nullity, it is clear that some changes have to be made as the idea of void marriages and voidable marriages can make the whole concept of nullity confusing. The law on void marriages is crucial as these provisions testify those that are allowed to marry and who exactly can be involved in a marriage. Another reason regarding the reformation of nullity is due to the small number of people, 406, which requested an annulment in 2006. It can be

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